As awareness of term coercive control continues to grow, its impact is being recognised more and more frequently in divorce proceedings. Solicitor Tegan Pownall discusses coercive control and its impact on divorce.

So, what is coercive control?

Coercive control is a pattern of abusive behaviour used to dominate and control a person, that causes the victim to feel fear, isolation, and dependence. It’s characterised by repeated acts or patterns of behaviour that aim to harm, punish, or frighten the victim. 

Common signs of coercive control include:

• Psychological manipulation
• Tracking and surveillance of whereabouts and communication
• Physical threats and abuse to their partner and potentially their children
• Financial abuse & controlling access to money and even employment
• Isolation from family and friends

Legal recognition of coercive control

The good news is that the relatively recent Domestic Abuse Act (2021) now includes a wide range of behaviour in addition to physical abuse. It includes emotional degradation, psychological intimidation, financial control, sexual coercion, and as well as coercive control.

Initiating divorce from an abusive partner

If your partner is subjecting you to coercive control, the prospect of actually initiating divorce proceedings will probably feel incredibly daunting, as well as frightening.  The usual worries associated with divorce such as impact on children and your finances are amplified and set alongside the fear of retaliation and even not being believed, as the abuse is not necessarily physical. People who have experienced this type of situation say they worried they would be outmaneuvered by their abusive partner who is adept at manipulating everyone.  However, you should feel reassured that we are experienced in dealing with such personalities, as well as the legalities around your case.

What happens once you have begun the divorce

There are six main stages of divorce, which we’ve outlined these in this blog, but essentially the process begins with an application for divorce being submitted, followed by a compulsory period of reflection, then a conditional order, and lastly a final order which means that the marriage has legally ended. Throughout the process we will attempt to reach a settlement with regards to your finances which can be dealt with separately.

If you need to leave your home

If you need to escape your home to get away from your abusive partner and begin divorce proceedings, it is a sensible to plan ahead.  Gather your legal documents i.e. birth and marriage certificate, ID documents etc.  Think about where you can go to stay temporarily, perhaps with a friend or family member or a women’s shelter.  Many shelters not only provide somewhere to stay but also legal aid, counseling and support. Citizens’ Advice will also provide you with lots of useful information.

What impact does coercive control have on divorce?

There’s no denying that divorces of this nature are more challenging, but nevertheless a positive result can be achieved.  The perpetrators of coercive control often overestimate their ability to outwit the legal system, and in doing so, become architects of their own downfall. Controlling behaviour can often take the form of financial control, so this element of the divorce can give your solicitor the chance to highlight what has been going on. The abusive partner may not be truthful in their financial disclosure, but there are ways to deal with this.  For example, in cases of financial abuse, discrepancies and hidden assets can be routed out if necessary by forensic accountants.

How can I feel safe once I’ve initiated the divorce?

One way in which your solicitor can help during the divorce process is to obtain a non-molestation order and occupation order, to prevent your former partner from contacting you, or returning to the home you previously shared. We will ensure your rights are protected, and every effort will be made to achieve a fair split of marital assets and in some cases maintenance. We will also be able to assist with the ability to obtain child arrangements orders which will promote the children’s best interests which may include supervised contact.  

How can I protect my children during and following the divorce?

As well as ensuring your wellbeing, the court has an obligation to protect any children involved in separation.  If the court decides that the children are at risk from your abusive partner, they have the right to restrict access, deny it completely or implement supervised access, however this will be dealt with under separate proceedings.

How can I be sure I will be safe following the divorce?

There are different types of orders that can be issued to protect victims of coercive control to ensure their safety going forward, each with its own purpose.  These orders include non-molestation order, prohibitive steps order, occupation order, and emergency protection order for children.  

What you can do to help your solicitor

Collating any evidence you have will be really helpful: texts, emails, photos and even just a diary log of incidents with dates will all help your solicitor to build your case. 

How we can help

Our family law team at Penderlaw Solicitors are experienced supporting and guiding victims of domestic abuse, including coercive control, through the divorce process with support and sensitivity, enabling them to start afresh and feel safe and secure again.

Get in touch

If you would like to speak to a member of our friendly and experienced family law team you can call us on 01872 241408 or email info@penderlaw.co.uk